Full Text of HB0220 94th General Assembly
HB0220eng 94TH GENERAL ASSEMBLY
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| AN ACT in relation to criminal law.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Criminal Code of 1961 is amended by changing | 5 |
| Sections
24-3 and 37-1 as follows:
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| (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
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| Sec. 24-3. Unlawful Sale of Firearms.
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| (A) A person commits the offense of unlawful sale of | 9 |
| firearms when he
or she knowingly does any of the following:
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| (a) Sells or gives any firearm of a size which may be | 11 |
| concealed upon the
person to any person under 18 years of | 12 |
| age.
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| (b) Sells or gives any firearm to a person under 21 | 14 |
| years of age who has
been convicted of a misdemeanor other | 15 |
| than a traffic offense or adjudged
delinquent.
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| (c) Sells or gives any firearm to any narcotic addict.
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| (d) Sells or gives any firearm to any person who has | 18 |
| been convicted of a
felony under the laws of this or any | 19 |
| other jurisdiction.
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| (e) Sells or gives any firearm to any person who has | 21 |
| been a patient in a
mental hospital within the past 5 | 22 |
| years.
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| (f) Sells or gives any firearms to any person who is | 24 |
| mentally
retarded.
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| (g) Delivers any firearm of a size which may be | 26 |
| concealed upon the
person, incidental to a sale, without | 27 |
| withholding delivery of such firearm
for at least 72 hours | 28 |
| after application for its purchase has been made, or
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| delivers any rifle, shotgun or other long gun, incidental | 30 |
| to a sale,
without withholding delivery of such rifle, | 31 |
| shotgun or other long gun for
at least 24 hours after | 32 |
| application for its purchase has been made. However,
this |
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| paragraph (g) does not apply to: (1) the sale of a firearm
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| to a law enforcement officer or a person who desires to | 3 |
| purchase a firearm for
use in promoting the public interest | 4 |
| incident to his or her employment as a
bank guard, armed | 5 |
| truck guard, or other similar employment; (2) a mail
order | 6 |
| sale of a firearm to a nonresident of Illinois under which | 7 |
| the firearm
is mailed to a point outside the boundaries of | 8 |
| Illinois; (3) the sale
of a firearm to a nonresident of | 9 |
| Illinois while at a firearm showing or display
recognized | 10 |
| by the Illinois Department of State Police; or (4) the sale | 11 |
| of a
firearm to a dealer licensed as a federal firearms | 12 |
| dealer under Section 923
of the federal Gun Control Act of | 13 |
| 1968 (18 U.S.C. 923).
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| (h) While holding any license
as a dealer,
importer, | 15 |
| manufacturer or pawnbroker
under the federal Gun Control | 16 |
| Act of 1968,
manufactures, sells or delivers to any | 17 |
| unlicensed person a handgun having
a barrel, slide, frame | 18 |
| or receiver which is a die casting of zinc alloy or
any | 19 |
| other nonhomogeneous metal which will melt or deform at a | 20 |
| temperature
of less than 800 degrees Fahrenheit. The | 21 |
| Department of State Police shall
publish a list of firearms | 22 |
| prohibited under this paragraph (h) at least
annually
for | 23 |
| each federal firearms dealer required to participate in | 24 |
| Section 3.1 of the
Firearm Owners Identification Card Act. | 25 |
| The provisions of this paragraph (h) do not apply to a | 26 |
| federal firearms dealer that sells a prohibited firearm if | 27 |
| the Department does not publish a list of prohibited | 28 |
| firearms as required under this paragraph (h).
For purposes | 29 |
| of this paragraph, (1)
"firearm" is defined as in the | 30 |
| Firearm Owners Identification Card Act; and (2)
"handgun" | 31 |
| is defined as a firearm designed to be held
and fired by | 32 |
| the use of a single hand, and includes a combination of | 33 |
| parts from
which such a firearm can be assembled.
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| (i) Sells or gives a firearm of any size to any person | 35 |
| under 18 years of
age who does not possess a valid Firearm | 36 |
| Owner's Identification Card.
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| (j) Sells or gives a firearm while engaged in the | 2 |
| business of selling
firearms at wholesale or retail without | 3 |
| being licensed as a federal firearms
dealer under Section | 4 |
| 923 of the federal Gun Control Act of 1968 (18 U.S.C.
923). | 5 |
| In this paragraph (j):
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| A person "engaged in the business" means a person who | 7 |
| devotes time,
attention, and
labor to
engaging in the | 8 |
| activity as a regular course of trade or business with the
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| principal objective of livelihood and profit, but does not | 10 |
| include a person who
makes occasional repairs of firearms | 11 |
| or who occasionally fits special barrels,
stocks, or | 12 |
| trigger mechanisms to firearms.
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| "With the principal objective of livelihood and | 14 |
| profit" means that the
intent
underlying the sale or | 15 |
| disposition of firearms is predominantly one of
obtaining | 16 |
| livelihood and pecuniary gain, as opposed to other intents, | 17 |
| such as
improving or liquidating a personal firearms | 18 |
| collection; however, proof of
profit shall not be required | 19 |
| as to a person who engages in the regular and
repetitive | 20 |
| purchase and disposition of firearms for criminal purposes | 21 |
| or
terrorism.
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| (k) Sells or transfers ownership of a firearm to a | 23 |
| person who does not display to the seller or transferor of | 24 |
| the firearm a currently valid Firearm Owner's | 25 |
| Identification Card that has previously been issued in the | 26 |
| transferee's name by the Department of State Police under | 27 |
| the provisions of the Firearm Owners Identification Card | 28 |
| Act. This paragraph (k) does not apply to the transfer of a | 29 |
| firearm to a person who is exempt from the requirement of | 30 |
| possessing a Firearm Owner's Identification Card under | 31 |
| Section 2 of the Firearm Owners Identification Card Act. | 32 |
| For the purposes of this Section, a currently valid Firearm | 33 |
| Owner's Identification Card means (i) a Firearm Owner's | 34 |
| Identification Card that has not expired or (ii) if the | 35 |
| transferor is licensed as a federal firearms dealer under | 36 |
| Section 923 of the federal Gun Control Act of 1968 (18 |
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| U.S.C. 923), an approval number issued in accordance with | 2 |
| Section 3.1 of the Firearm Owners Identification Card Act | 3 |
| shall be proof that the Firearm Owner's Identification Card | 4 |
| was valid. | 5 |
| (B) Paragraph (h) of subsection (A) does not include | 6 |
| firearms sold within 6
months after enactment of Public
Act | 7 |
| 78-355 (approved August 21, 1973, effective October 1, 1973), | 8 |
| nor is any
firearm legally owned or
possessed by any citizen or | 9 |
| purchased by any citizen within 6 months after the
enactment of | 10 |
| Public Act 78-355 subject
to confiscation or seizure under the | 11 |
| provisions of that Public Act. Nothing in
Public Act 78-355 | 12 |
| shall be construed to prohibit the gift or trade of
any firearm | 13 |
| if that firearm was legally held or acquired within 6 months | 14 |
| after
the enactment of that Public Act.
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| (C) Sentence.
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| (1) Any person convicted of unlawful sale of firearms | 17 |
| in violation of
any of paragraphs (c) through (h) of | 18 |
| subsection (A) commits a Class
4
felony.
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| (2) Any person convicted of unlawful sale of firearms | 20 |
| in violation of
paragraph (b) or (i) of subsection (A) | 21 |
| commits a Class 3 felony.
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| (3) Any person convicted of unlawful sale of firearms | 23 |
| in violation of
paragraph (a) of subsection (A) commits a | 24 |
| Class 2 felony.
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| (4) Any person convicted of unlawful sale of firearms | 26 |
| in violation of
paragraph (a), (b), or (i) of subsection | 27 |
| (A) in any school, on the real
property comprising a | 28 |
| school, within 1,000 feet of the real property comprising
a | 29 |
| school, at a school related activity, or on or within 1,000 | 30 |
| feet of any
conveyance owned, leased, or contracted by a | 31 |
| school or school district to
transport students to or from | 32 |
| school or a school related activity,
regardless of the time | 33 |
| of day or time of year at which the offense
was committed, | 34 |
| commits a Class 1 felony. Any person convicted of a second
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| or subsequent violation of unlawful sale of firearms in | 36 |
| violation of paragraph
(a), (b), or (i) of subsection (A) |
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| in any school, on the real property
comprising a school, | 2 |
| within 1,000 feet of the real property comprising a
school, | 3 |
| at a school related activity, or on or within 1,000 feet of | 4 |
| any
conveyance owned, leased, or contracted by a school or | 5 |
| school district to
transport students to or from school or | 6 |
| a school related activity,
regardless of the time of day or | 7 |
| time of year at which the offense
was committed, commits a | 8 |
| Class 1 felony for which the sentence shall be a
term of | 9 |
| imprisonment of no less than 5 years and no more than 15 | 10 |
| years.
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| (5) Any person convicted of unlawful sale of firearms | 12 |
| in violation of
paragraph (a) or (i) of subsection (A) in | 13 |
| residential property owned,
operated, or managed by a | 14 |
| public housing agency or leased by a public housing
agency | 15 |
| as part of a scattered site or mixed-income development, in | 16 |
| a public
park, in a
courthouse, on residential property | 17 |
| owned, operated, or managed by a public
housing agency or | 18 |
| leased by a public housing agency as part of a scattered | 19 |
| site
or mixed-income development, on the real property | 20 |
| comprising any public park,
on the real
property comprising | 21 |
| any courthouse, or on any public way within 1,000 feet
of | 22 |
| the real property comprising any public park, courthouse, | 23 |
| or residential
property owned, operated, or managed by a | 24 |
| public housing agency or leased by a
public housing agency | 25 |
| as part of a scattered site or mixed-income development
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| commits a
Class 2 felony.
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| (6) Any person convicted of unlawful sale of firearms | 28 |
| in violation of
paragraph (j) of subsection (A) commits a | 29 |
| Class A misdemeanor. A second or
subsequent violation is a | 30 |
| Class 4 felony. | 31 |
| (7) Any person convicted of unlawful sale of firearms | 32 |
| in violation of paragraph (k) of subsection (A) commits a | 33 |
| Class 4 felony. A third or subsequent conviction for a | 34 |
| violation of paragraph (k) of subsection (A) is a Class 1 | 35 |
| felony.
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| (D) For purposes of this Section:
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| "School" means a public or private elementary or secondary | 2 |
| school,
community college, college, or university.
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| "School related activity" means any sporting, social, | 4 |
| academic, or
other activity for which students' attendance or | 5 |
| participation is sponsored,
organized, or funded in whole or in | 6 |
| part by a school or school district.
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| (E) A prosecution for a violation of paragraph (k) of | 8 |
| subsection (A) of this Section may be commenced within 6 years | 9 |
| after the commission of the offense. A prosecution for a | 10 |
| violation of this Section other than paragraph (g) of | 11 |
| subsection (A) of this Section may be commenced within 5 years | 12 |
| after the commission of the offense defined in the particular | 13 |
| paragraph.
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| (Source: P.A. 93-162, eff. 7-10-03; 93-906, eff. 8-11-04.)
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| (720 ILCS 5/37-1) (from Ch. 38, par. 37-1)
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| Sec. 37-1.
Maintaining Public Nuisance.
Any building used | 17 |
| in the commission of offenses prohibited by Sections
9-1, 10-1, | 18 |
| 10-2, 11-14, 11-15, 11-16, 11-17, 11-20, 11-20.1, 11-21, 11-22,
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| 12-5.1, 16-1, 20-2, 23-1, 23-1(a)(1), 24-1(a)(7), 24-3, 28-1, | 20 |
| 28-3, 31-5 or
39A-1 of the Criminal Code of
1961, or
prohibited | 21 |
| by the Illinois Controlled Substances Act, or the Cannabis
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| Control Act, or used in the commission of an inchoate offense
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| relative to any of the aforesaid principal offenses, or any | 24 |
| real property
erected, established, maintained, owned, leased, | 25 |
| or used by a streetgang for
the purpose of conducting | 26 |
| streetgang related activity as defined in Section 10
of the | 27 |
| Illinois Streetgang Terrorism Omnibus Prevention Act is a | 28 |
| public
nuisance.
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| (a-5) A building used in the commission of an offense | 30 |
| prohibited by
Section
24-3 of this Code may be abated as a | 31 |
| public nuisance only if the person using
the building for the
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| commission of the offense
has been convicted of a violation of | 33 |
| Section 24-3 and the building was used in
the
commission of
a | 34 |
| violation of
paragraph (h) of subsection (A) of Section 24-3.
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| (b) Sentence. A person convicted of knowingly maintaining |
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| such a public
nuisance commits a Class A misdemeanor. Each | 2 |
| subsequent offense under this
Section is a Class 4 felony.
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| (Source: P.A. 91-876, eff. 1-1-01.)
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| Section 99. Effective date. This Act takes effect upon | 5 |
| becoming law. |
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